Help, what should I do???

[luv951]

So, I bought a used Reef Octopus DNW 200 Recirc skimmer posted on this site.

I paid July 5th. The seller, who I do not wish to name at this time, took just over a week to ship it to me. Not really a big deal, but longer than I would like to have waited.

When it arrived, I unpacked it to find it broken. Apparently, whoever packed it (its not clear to me if he did, or if he had the UPS store do it) just took the thing and stuck in a box with some peanuts.

It was shipped with the pump attached!!!

The skimmer broke where the pump attaches. There are two acrylic tubes welded to the skimmer body that the unions for the pump attach to. Those tubes broke, pretty much right at the skimmer body. They broke all the way through.

I emailed the seller with pics and he seemed helpful. Replied back that he filed a claim and that UPS should be contacting me within five days. Its now been five days and no contact. I have sent the seller three additional emails, either offering more information, asking for clarification on who packed it, or trying to make sure he got the right number to UPS. All went unanswered.

On top of that, his reply via PM had a much different tone, basically; 'tough, go to UPS yourself as it was not broke when I shipped it.'

My dilemma is this:

Communication with this guy has been poor at best.

Skimmer is broken in a crucial spot and might not be fixable.

To ship it back for a refund, I am out probably 30-40 for shipping and have no skimmer. Doubt he will refund me anyway.

Even if UPS honors the claim (that I have no proof was ever filed) its only for $100, so I have some money, but a worthless skimmer.

My options:

Try to fix it and hope for the best.

File a CC Claim that the item was packed poorly and therefore its the seller's fault.

Wait out the supposed UPS claim.

Ship it back and insist on refund/file CC claim....


I just really don't know what to do. I was hoping to work it out with the seller, but his lack of communication has me pretty worried.

Any advice, please?

[Macimage]

Send it back the cheapest method with tracking and file a credit card dispute.

Good Luck!
Joyce

[merek123]

I bought a bow for my wife that arrived totally destroyed but the seller was great. I made the claim with UPS and they contacted the seller about the damage. The seller was paid and believe it or not refunded me the money.

So I would take matters into my own hands and contact UPS yourself make the claim, but they will want to pay the shipper(odd). but if he/she is not a stand up guy then slander his character all over this site.

[luv951]

I went back through with my tracking number and found out that he has in fact filed a claim, as he said he did.

Before I found that out, I was very much in agreement with macimage, but did not want to overreact. Now, I think I will wait, but the lack of emails still concerns me.

Does anyone know if UPS takes the item if they pay a claim? If so, the claim is worthless as I would be out $75 even if they pay up.

[Macimage]

Yes, they usually pick up the item for inspection. If they pay the claim, they do not return it and they will send the check to the seller.

Also, the claim may be denied if it was poorly packed.

Be sure to watch your credit card deadline for filing in case the seller keeps the money or the claim is denied.

As a seller, he should refund and deal with the claim. Let's say you order from Sears and it arrives damaged. They make you whole immediately. Online sales should work that way whether it is a company or a private party. The seller is responsible for getting the product to the buyer in one piece and working.

As a buyer, I would work with a seller if an item arrived damaged. However, if they were ignoring me, I'd file with my cc company.

Joyce

[sikpupy]

Why would you be out $75 if UPS paid you? You did not have it insured for the whole enchilada??????????

[luv951]

i did not specifically say that I wanted insurance and he did not insure beyond what they offer as standard.....my fault, really for not insisting on it.

Macimage - you give good advice. Very logical

[Macimage]

Originally posted by luv951
i did not specifically say that I wanted insurance and he did not insure beyond what they offer as standard.....my fault, really for not insisting on it.

Macimage - you give good advice. Very logical

Thanks, that is very kind.

One more note. Insurance protects the SELLER, not the buyer. It was his responsibility to get it to you and it was his responsibility to properly insure it.

Let UPS pick it up for his claim. One, it is nice to cooperate and two, to get your money back on a cc dispute you would have to return it or prove UPS picked it up. Keep the pickup tag with the number on it that they give you. If they pick it up you do not have to pay to return it to him.

Then, file the cc dispute and get all your money back.

Good luck!
Joyce

[luv951]

more good advice. That really makes sense. Thank you so much for sound reasoning!

I have to ask, as my wife saw your occupation over my shoulder. Did you found MAC cosmetics? If you would rather not say publicly, I understand......